Osei-Adjei's case adjourned

March 26, 2011 (Page 3 Lead)
THE Financial Division of the Accra Fast Track High Court yesterday adjourned the case involving a former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, and another to April 20, 2011.
The court fixed the date after it declined to adjourn the case sine die following Mr Osei-Adjei’s appeal against the court’s order directed at him to open his defence on charges of conspiracy and contravening the Public Procurement Act in the importation of rice from India.
He is appealing to the Court of Appeal to reverse or set aside part of the lower court’s ruling that he has a case to answer on two counts of conspiracy and contravening the Public Procurement Act.
At the High Court’s sitting in Accra yesterday, counsel for the former Minister, Mr Godfred Yeboah Dame, prayed the court to adjourn the case sine die to enable his client to pursue his appeal but a Senior State Attorney, Mr Paul Abariga, who sat in for the substantive prosecutor, disagreed with the defence counsel.
According to Mr Abariga, the Court of Appeal was yet to fix a date for the hearing of Mr Osei-Adjei’s appeal and for that reason it would not be prudent for the lower court to adjourn the case sine die.
The court, presided over by Mr Justice Bright Mensah, accordingly adjourned the case to April 20, 2011.
On February 25, 2011, the Financial Division of the Fast Track High Court acquitted and discharged Mr Osei-Adjei on six counts of conspiracy, wilfully causing financial loss to the state, use of public office for profit and stealing.
Also acquitted was a former Managing Director of the National Investment Bank (NIB), Mr Charles Daniel Gyimah, who faced similar charges with the former minister.
The court, however, ordered Messrs Osei-Adjei and Gyimah to open their defence on charges of conspiracy and contravening the Public Procurement Act in the importation of rice from India.
A notice of appeal dated Friday, March 18, 2011 is also praying the Court of Appeal to stay proceedings at the Financial Court until the final determination of the appeal.
Mr Osei-Adjei is praying the court to set aside the ruling of the lower court and give consequential orders acquitting and discharging him on the two counts.
The grounds of appeal state, among others, that the trial judge placed weight on irrelevant evidence, as well as disregarded the overwhelming evidence of all the prosecution witnesses that there was no use of public funds as defined by the Public Procurement Act.
According to the appellant, the trial judge also disregarded the evidence of the prosecution that the NIB was not a procurement entity which was required to apply the Public Procurement Act.
In its ruling on a “submission of no case” filed on behalf of the accused persons, the lower court was of the view that the prosecution had failed to lead evidence to prove that Osei-Adjei and Gyimah wilfully caused financial loss to the state by allegedly acting together to steal 2,997 bags of rice valued at US$1,408,590.
It also upheld the defence team’s argument that the prosecution also failed to prove that the accused persons used public office for profit, as well as conspiring to steal, but directed the two to open their defence on two counts of conspiracy and contravening the Public Procurement Act.
Osei-Adjei and Gyimah have pleaded not guilty to the charges levelled against them and have been admitted to bail in the sum of GH¢200,000, with two sureties each to be justified.
The prosecution called 17 witnesses and closed its case on November 30, 2010. The trial began in October, 2009.